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November 12, 2008 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, November 12, 2008, beginning at 7:12 p.m., in the City Council Chambers, 1515 NW 167 ' Street, Building 5, suite 200, Miami Gardens, Florida. The following members of the City Council were present: Vice Mayor Barbara Watson, and Council members Aaron Campbell Jr., Andre Williams, and Oliver G. Gilbert III. Mayor Shirley Gibson arrived at 7:20 p.m. Councilman Melvin L. Bratton and Councilwoman Sharon Pritchett were out of town. Motion offered by Councilman Gilbert, seconded by Councilman Campbell to excuse the absence of Councilman Bratton and Councilwoman Pritchett; this motion passed and carried by a 4-0 voice vote. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Delivered by Dr. Lester Brown (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES Regular City Council Meeting- October 22, 2008 Motion offered by Councilman Campbell, seconded by Councilman Gilbert to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 4-0 voice vote. (E) ORDER OF BUSINESS (Items shall be pulled from the Consent Agenda at this time): Manager Crew requested to have a Special Presentation added to the agenda as F-IA) Motion offered by Councilman Williams, seconded by Councilman Campbell to pull Item J-8 from the Consent Agenda. This motion passed by a 4-0 voice vote Vice Mayor Watson added the following described item to the official agenda, as Consent Agenda Item J-18. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DECLARING THE MONTH OF NOVEMBER "ART IN THE GARDENS MONTH" IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Motion offered by Councilman Gilbert, seconded by Councilman Campbell to approve the Official Agenda with the necessary additions/deletions/corrections. This motion passed and carried by a 4-0 voice vote. Attorney Dickens announced anybody wanting to speak on the Comprehensive Development Master Plan item on tonight's agenda must sign the log-sheet provided on the table at the back of the room. (E) SPECIAL PRESENTATIONS (5 minutes each) F-1A) Special Presentation Manager Crew informed the Council and listening audience that Assistant City Manager Chris Steers is leaving the city. He stated that without Chris Steers the City would not be the City it is today. He presented Chris Steer with a plaque in recognition of all of the work he has done in the City. Chris Steers appeared before the City Council to thanked staff and the Council for all of the opportunities that have been given to him. Additionally the City has affected him as a person and he hopes that his presence here has affected people as well. F-1) Jim Brady - Livable Neighborhoods Daniel Rosemond, Director of Community Development, provided the City Council with a brief presentation on the status of where the City is with regard to the Livable Neighborhoods initiative project; with respect to what direction the City needs to go in terms of the acquisition of the impacted by this project. The three areas impacted by this project are Kings Garden, Garden Circle, and Vista Verde. The City has acquired the roads for Kings Garden and staff needs direction from the City Council on how to move forward on Garden Circle and Vista Verde. He introduced Attorney Jim Brady to go over the legal requirements. Jim Brady with the Law Firm of ARNSTEIN & LEHR, LLP, appeared before the City Council to expound on this issue. He stated one of the elements of the Livable Neighborhoods Initiative is the improvement of the streets in several neighborhoods that are included in the initiative. One fact that promises the success of the effort is that each of the communities is organized under a Homeowners Association. There is a Declaration of Restrictions, which contemplates the regulations of those communities. The city has made a good start on the effort as a result of the report which was prepared by Craven and Thompson. That report identified the locations and assessed the conditions which prevail in each of the candidate neighborhoods with respect to some water sewer and road condition issues. REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 2 Attorney Brady said the report identified the need for the reconstruction and the continuing maintenance of several streets in the internal neighborhoods. We recognize the City should own and control those streets for both legal and practical reasons. Also the executive summary provided to the City Council identifies three ways to accomplish the end goal of obtaining ownership. These goals are: 1) the voluntary conveyance of title from the unit owners 2) Eminent Domain; and 3) a statuary procedure. The summary estimates the amount of money required to acquire the property thru imminent domain, however it does not include the compensation that could be paid during the imminent domain process. The time that it will take to accomplish the overall goal will depend on the method chosen to acquire all of the streets. Councilman Williams said the area does look pretty bad and reminds him of a war zone. He suggested having before and after pictures taken to market out to our residents on how well this program will work. He asked that we put this in layman's terms on how the property can be obtained. He questioned whether the property can be obtained by negotiating with the owner rather than for the City to take ownership of the particular parcel. Attorney Brady replied yes but in each case the Homeowners Association is indeed the owner so in the end the City will get the deed from that particular Association. Councilman Williams commented since most of the Homeowners Associations are defunked does that mean the City is dealing directly with the land owners in most cases. Attorney Brady opined that is the case in most instances, however there is a initiative to revitalize the Homeowner Associations in order to have a corporation sign off as an active corporation on the deed. Councilman Williams questioned whether the City has done this, for the most part, in Garden Circle. He asked are we now discussion what will be done for the other areas. Attorney Brady acknowledged there may be some issues with the parcels that the City has acquired the Quick Claim deeds for. There are some cases questionable as to whether ownership of a lot changed prior to the Quick Claim deed being recorded. There are also issues on whether or not the underlying lender has joined in those deeds. Councilman Williams recognized that another option would be the Eminent Domain, where we seek to require the property. He asked if the fee charged by Attorney Brady for the Eminent Domain procedure would be $360,000. Attorney Brady verified that it is incorrect; the amount includes attorney fees, expert witness fees, some engineering fees, and some miscellaneous fees. Additionally, keep in mind that in the Condemnation process the government, who is the condemning authority, has to pay the attorney's fees and the expert witness fees for the condemn; if there is in fact a battle. What he did was estimate both side of the equation and combined the total. REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 3 Councilman Williams asked what is the third the option. Attorney Brady explained the third option is provided to us from the Florida Statue Chapter 95, which says if the local government, in this case Miami-Dade County, constructed the roadway and then maintained it in a significant way; then after a period of time the law presumes entitlement to the roadway to be in that local government. There is a case that came out five months ago that discusses that particular scenario and the local government was successful. Councilman Williams questioned whether the County would be responsible for that process. Attorney Brady in order to accomplish this, the City would bring a Declaratory Judgment action where the facts would support the proposition. The City's position would state that having the County construct and maintain the roadway, and seeing that we now have jurisdiction over the property thru annexation that what was the County's became the City. However, Chapter 95 methodology is the least favorite way to move forward. Councilman Williams questioned whether Attorney Brady thought the third option was not favorable. Attorney Brady affirmed that it was not the most viable, plus it will not cover all the neighborhoods. Councilman Williams asked for Mr. Rosemond's opinion on the matter. Mr. Rosemond opined the best course of action obviously would be to go dim the voluntary conveyance, but even that is a time consuming effort and could become costly. Councilman Gilbert asked, if we pursued it thru Eminent Domain we would have to pay the property owners for the privilege of fixing the roads that they currently own. Attorney Brady agreed that is one way of looking at the procedure. Councilman Gilbert stated that he is not in favor of the Eminent Domain procedure. He opined perhaps the City should convince the property owners by doing the work in the area where the City has roads and maybe that will show the residents how the improvements can enhance their property. He affirmed that we should not be placing ourselves in the position that we pay them so that we can fix the roads. Attorney Brady stated Councilmen Gilbert and Williams anticipated one scenario that he has suggested. That is to pick a neighborhood that we feel we are going to be successful in the voluntary conveyance. That becomes the poster neighborhood for the improvement process. And everybody will look at the values that are established for their own neighborhoods. Councilman Campbell concurred with Attorney Brady's suggestion. He added that beyond that we are at a phase now that what we are trying to do may require more than just a REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 4 presentation. To get better direction on how we should move forward, he suggested that a workshop to deal specifically on how we should move forward. Councilman Campbell questioned whether the City is obligated to use a certain method on all there. Additionally he is not opposed to Eminent Domain if there are a few owners who oppose the City's plan whereas the majority is willing to accept the plan. Mr. Rosemond shared that staff is already proceeding with the designs of the roads of the northern half of Kings Garden. These are roads the City received from the County. This could be the City's identified show piece neighborhood that can be used to stimulate the residents from the other neighborhoods. Manager Crew stated thru his experiences with Eminent Domain actions there is always one property owner that will not agree. Attorney Brady added each of the neighborhoods that are controlled by a declaration, Homeowner Association, provides that the homeowner association has the right to dedicate; which means convey the title. Remember the property owner is the Homeowner Association. Additionally, it requires two thirds of a vote of the property owners to ratify that dedication. Manager Crew indicated that another experience that he has is that the court has to value the property a null or zero. Attorney Dickens interjected and stated even though you get a zero value you would still have to pay the attorney's fees. She also acknowledged that Florida has a process called the Quick Take Procedure which is outlined in the executive summary provided by Attorney Brady. The issue becomes what we pay for the ownership in the end. She recommended that the City reconstitutes those Homeowner Associations then if that process did not work then the City can consider those other alternatives. Mr. Rosemond stated the funds will come from the Disaster Recovery Funds in the Community Development Block Grant Fund. These funds will not be able to pay for Eminent Domain procedures. Mayor Gibson agreed that after meeting with staff and hearing from Attorney Brady that reconstituting those homeowner associations is really the way the City should precede initially. Also have the roads received from the County as our show piece to entice our residents to the program. She was also mindful that some of these residents have had issues in the pass with people coming in, and it has hampered governments from coming in and getting the job done. The mindset is that we want to take away their homesteaded property. However they complain to the City to fix the infrastructure but we are unable to do anything about it. Mayor Gibson added we as a City is trying very hard to convey information out to our ' residents what it is we can do, and what it is that they have to do to make this happen. When they REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 5 see different things happen within the City such as road ways being beautified and wonder why the City hasn't come into their neighborhood, it's because the residents are the owners of the land and we are barred from working on it. Vice Mayor Watson asked if staff has a sense on why one third of the community is not willing to move forward with this. Is it because they are renters, absentee owners, or are they just not responding to your request. Mr. Rosemond replied those are some the reasons and a certain sense of anxiety as it relates to foreclosure during this economic times. Additionally some of the residents do not feel comfortable with the program. Councilman Gilbert asked is there an obligation to maintain the roadways by the residents, in our code. Attorney Dickens replied yes. Councilman Gilbert stated if they will not allow us to maintain the roads then they should maintain the roads. Mayor Gibson stated if we start to do some enforcement action we cannot be selective on whom we cite. We cannot just cite those few individuals who are prolonging the process; we would have to cite those who are in favor as well. Attorney Dickens concurred with the Mayor. Mayor Gibson agreed with Councilman Campbell that a workshop should be scheduled because it may allow us to move forward with this. Attorney Brady stated tonight may not be the night to choose a direction. He agreed that maybe a workshop should be done to choose a path that we would like to move forward with to get to where the City wants to go. Councilman Williams asked if there is a park that serves that area. Mr. Rosemond responded, Vista Verde Park. Councilman Williams commented improvements to the park should be added to this. Mayor Gibson stated the consensus is that we have a workshop on this so that we could give staff some directions because right now we are not going to get there. Mr. Rosemond added that the workshop be done in a timely manner once we have something happening as far as improvements are concerned. REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 6 F-2) Proclamation - GIS Day - November 25t° Councilman Williams presented the Planning and Zoning department with a Proclamation for National Geographic Information System Day and proclaiming Friday November 21 as GIS Day. Bhairavi Pandya, Senior Planner, appeared before the Council and audience to explain the meaning of GIS and GIS day event. F-3) Award for Popular Annual Financial Report for FY 2007 William Alonso, Finance Director, presented the City Council with the Popular Annual Financial Report. We are one of five cities to get all three awards from the GFOA. F4) City of Miami Gardens Monthly Police Report Deputy Chief Paul Miller appeared before the City Council and awarded the officer of the month of October to Detective Heather Kidder for her work on October 1, 2008. Deputy Chief Miller reported that the Police Department took over specialized service on October 1, 2008. October was a month of transition because we had over twenty officers who were in training during the first two weeks of the month. Despite that transition overall we had a pretty good month. Compared to last month overall we were down 1% in overall total crimes. Down 33% compared to October of 2007, and year to date we continued to be down double digits with a decrease of 17%. However there was some significant rises in aggravated battery by 141%. We are unable to provide a real consistent explanation to that other than there were some domestic incidents. Additionally we were up by 66% for on arrest for aggravated battery. The percentage may be very high but he reminded Council that last month there were only 17 incidents compared to 41this month. Deputy Chief Miller added that the department is proud that now robberies are down 2% compared to last month, down 45% compared to last year, and down 12% year to date. Arrests for overall crimes are up by 27%. Our newly created specialized operation section, which includes the Gang Unit, Juvenile Unit, Crime Suppression Team, and Auto Theft, continue to do a great job and still be able to make 133 arrests, seized 8 firearms, and recovered 9 stolen vehicles all while serving search warrants. Lastly Deputy Chief Miller reported that the Community Service Officers put on three CERT classes during the month where 45 new members were certified. They have worked closely with the Miami Gardens Kiwanis club to come up with the Comfort Buddies Program. In addition they have started three new neighborhood watch programs this month and are trying to increase participation next month. He explained the training and introduced photos of the City's first three recruits who have gone thru training to be certified. Councilman Williams questioned the factors attributed to having more crimes in Area 2 compared to Area 1 and Area 3. REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 7 Deputy Chief Miller stated that it can be several incidents that spills off from 27`' Avenue and our neighboring city, Opa-locka. The department has taken proactive actions to address the issues in those areas. Councilman Williams asked if the City of Opa-locks is working with the City on this. Deputy Chief Miller responded that yes they are. Councilman Williams commented on the amount of firearms that have been confiscated by the department. F-5) NW 7'b Avenue Project Tom Ruiz, Public Works Director, reported the existing conditions that we have right now on NW 7' Avenue are damaged sidewalks, no landscaping, insufficient street lighting, flooding, and traffic safety problems. With this project the county gave us $5.2 million as county road impact fees. However, the funds came with parameters, which the City must stay within. One requirement is that the road must increase capacity; not increase traffic but increase traffic flow. To increase capacity we had to install traffic calming circles with landscape medium. These installations would reduce traffic congestion. Another parameter was to include four (4) foot wide bicycle lanes. Mr. Ruiz added the project goals are to provide for the safety of the community; provide new roads, sidewalks, drainage improvements, new landscaping irrigation, bike lanes, upgraded street lights, traffic circles, and new paved approaches for each driveway. He shared a mini video with the Council illustrating the effectiveness of the traffic circles. He also shared the comments of some of the residents in some completed improvement area and the pros and cons of having landscape medians versus turning center lanes. Manager Crew stated the next step will be to bring this out to our residents. Vice Mayor Watson asked if there whether there would be any cross walks, and if so, how many. Mr. Ruiz stated there will be cross walks at all of the traffic circles and one stand alone cross walk for the school students. (G) PUBLIC COMMENTS Trevor G. Duhaney, 8300 NW 70' Avenue, appeared before the City Council. He raised concerns he has about bid item ITB07-08-3330-208. He stated about seven months ago he approached the City about becoming a vendor under this item. The City's server director told him how to go about securing this bid. He added that he was told that if he meet the requirements he would receive a bid number. However this bid number was never given, a bid package was provided to him instead to submit a bid. REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 8 Mr. Duhaney stated he was not familiar with the bid process, because this was his first time seeking government work. Nonetheless he submitted the bid and the outcome was that he was not awarded the bid because his prices were too high. Lastly he does not feel the process and the way in which he was informed was in keeping of good business; and he objects to the bid process and the way the bid was awarded. Councilman Williams asked if there is a way that he can protest the bid. Pam Thompson, Procurement Manager, replied that yes there is a formal protest that was part of the bid package and can be found on our City's website. The protest reads that a protest has to be submitted a protest formally 72 hours, a check of $500, notify all bidders, proof that they notified all of the bidders, and all this has to be submitted to the City Clerk. Sonja Dickens requested the exact definition of when the protest can be submitted. Pam Thompson reiterated that it can be submitted 72 hours of the posting of the award or the award itself, whichever comes first. Manager Crew suggested in the future we can have a mandatory pre-bid meeting. This will allow us to answer questions of the bidders. Ms Thompson stated that they do have pre-bid meeting for large bids. Mayor Gibson stated we need to be consistent in what we are doing in regards to the bid process. She also questioned whether is it a normal practice for staff to go to Mr. Duhaney's business and answer his questions. Ms Thompson stated no because when a bid is out it is in a cone of silence. However, for this particular process we reserve the right to visit the facility to ensure the facility is adequate to take care of our vehicles. Manager Crew added that we did this with the towing bid in the past. Vice Mayor Watson questioned is the inspector of the site allowed to answer questions about the bid process. Mr. Duhaney responded that there was no bid out during the time he approached staff. He understood that in order for him to do business with the City he would need a vendor number and staff would have to come and inspect his facility prior to issuing a vendor number. But instead of getting a vendor number he got a package to bid. He did send a letter to Pam Thompson of his displeasure. Councilman Williams suggested a workshop to invite local businesses to share with them how our bid process works. REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 9 Ms Thompson shared that there was a workshop on the City's bid process a couple of weeks ago. Councilman Williams questioned how was it advertised. Ms Thompson responded that it was advertised on the City's website and thru the Code Enforcement Department. Councilman Williams asked how many business owners showed up. Ms Thompson stated not too many people showed up. Councilman Gilbert stated he has witness the City's efforts to reach out to the business community about the City's bidding process. He questioned who helped Mr. Duhaney. Mr. Duhaney responded Herman Bruce. Walter White, 17510 NW 1 Vh Avenue Miami Gardens, FL appeared before the City Council. He stated that he is here representing the Community Newspaper of Dade County and is offering to the community the opportunity of having a community paper directly for this particular community. It would be called the Miami Gardens News or whatever the Council deems appropriate. The paper would be beneficial to the community by getting information out. Mayor Gibson asked how could that happen? Mr. White answered that he would need four pages of what is happening in the community and the rest would be complied by Community Newspaper of Dade County. Mayor Gibson questioned the advertising because that would be the source of funding for the paper. Mr. White responded that the company will take care of the advertising. The only fee the city would have to pay is $500 per page to pay for the publication. Mayor Gibson questioned how often would the paper be published. Mr. White replied monthly. Vice Mayor Watson asked how many papers would be distributed. Mr. White suggested that the venture would start off with 15,000 but it might be too little for a City this size. REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 10 Vice Mayor Watson questioned whether the fee for the City increase if the distribution would be greater than 15,000 Mr. White confirmed that it would remain the same. Councilman Williams asked if Mr. White would probably be able to submit a proposal. Mr. White stated that he did submit a promo paper and what would be needed to the Mayor to make this happen. As far as the City paying there is an option for the City to get sponsors to pay for the options. Mayor Gibson directed the manager to make the allocation of where the funds would come from to start this program. Vice Mayor Watson asked what other communities has he service. Mr. White stated some cities included Aventura, Pine Crest, Palmeto Bay, and the paper has been in existents for 25 years. (I) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S FISCAL YEAR 2007-2008 BUDGET; AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN BUDGET ADJUSTMENTS AS SHOWN IN ATTACHMENT A; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew stated that typically we have the budget amendment at the end for you to make final adjustments so that we don't have any overruns in any of the categories and that is essentially what this ordinance does. He added that we did do fairly well in the year in terms of our fund balance and we program 1.5 million going into next year. We took this balance and added it to our Capital Improvements Program reserve for various projects in the future. Motion offered by Vice Mayor Watson, seconded by Councilman Williams to approve this item on first reading. There being no further discussion, motion to approve on first reading passed and carried by a 5-0 vote. Councilman Bratton: Out of town Councilman Campbell: Yes REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 11 Councilman Gilbert: Yes Councilwoman Pritchett: Out of town Vice Mayor Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REPEALING SECTION 21-28 OF THE MIAMI-DADE COUNTY CODE, AS MADE APPLICABLE TO THE CITY OF MIAMI-GARDENS"; CREATING A NEW ORDINANCE ENTITLED "NOISE ORDINANCE"; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) Councilman Gilbert stated that it has been a persistent problem to have people play music and disturb the quality of life for the people around them. This ordinance makes it easier for our police department to intervene at a quicker pace. This is something that other cities are doing. Motion offered by Councilman Gilbert, seconded by Councilman Campbell to approve this item on first reading. Mayor Gibson said the term Ice Cream trucks should be removed from the ordinance because Ice Cream trucks are not allowed in the City. She questioned whether fire alarms should be mentioned as well. Attorney Dickens concurred with the Mayor. Mayor Gibson questioned whether this would affect the noise made during commercial hauling. Attorney Dickens stated that it is not consistent because it is a different usage. There being no further discussion, motion to approve on first reading passed and carried by a 5-0 vote. Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Out of town Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Out of town Mayor Gibson: Yes REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 12 (I) ORDINANCES) FOR SECOND READING/PUBLIC HEARING(S): ORDINANCE NO. 2008-34-170 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING AN AMENDMENT TO THE CITY OF MIAMI GARDENS COMPREHENSIVE DEVELOPMENT MASTER PLAN TO PROVIDE FOR THE NECESSARY ANNUAL UPDATE OF THE CAPITAL IMPROVEMENTS ELEMENT AND CAPITAL IMPROVEMENTS SCHEDULE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gibson opened the floor for this public hearing. There being no interested parties to speak on this item, the public hearing closed. Manager Crew stated this is just the annual addition to the capital improvements, this adds the fifth year. It includes all of the City's projects. Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to adopt this item. There being no further discussion, motion to adopt reading passed and carried by a 5-0 vote. Councilman Gilbert: Yes Councilwoman Pritchett: Out of town Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Out of town Councilman Campbell: Yes Mayor Gibson: Yes (.I) CONSENT AGENDA/RESOLUTION(S) RESOLUTION NO. 2008-214-902 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN OLIVER GILBERT'S APPOINTMENT OF BEVERLY BUSH TO THE ELDERLY AFFAIRS ADVISORY COMMITTEE FOR A THREE YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN GILBERT) RESOLUTION NO. 2008-215-903 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILMAN REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 13 MELVIN BRATTON'S APPOINTMENT OF LEE DAMESSOUS AND FRANCESTA MARCELIN, TO THE CITY OF MIAMI GARDENS MIAMI GARDENS PROGRESSIVE YOUNG ADULTS FOR A TERM OF TWO (2) AND THREE (3) YEARS RESPECTIVELY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN BRATTON) RESOLUTION NO. 2008-216-904 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AMENDMENT TO THAT CONTRACT BETWEEN THE CITY OF MIAMI GARDENS AND THE DEPARTMENT OF CORRECTIONS FOR INMATE LABOR SERVICES, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO.2008-217-905 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CITY TO CONDUCT A 2009 MISS MIAMI GARDENS PAGEANT, INCLUDING EXECUTING AN AGREEMENT WITH THE MISS FLORIDA PAGEANT SCHOLARSHIP, INC; AUTHORIZING THE HOSTING OF THE EVENT ON AN ANNUAL BASIS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) RESOLUTION NO. 2008-218-906 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILMAN OLIVER GILBERT'S APPOINTMENT OF INGRID LUNA LOUIS, TO THE CITY OF MIAMI GARDENS MIAMI GARDENS PROGRESSIVE YOUNG ADULTS FOR A TERM OF TWO (2) YEARS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) RESOLUTION NO. 2008-219-907 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 14 MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN GANG STRIKE FORCE MEMORANDUM OF UNDERSTANDING WITH THE MIAMI- DADE COUNTY STATE ATTORNEY'S OFFICE AND OTHER POLICE AGENCIES, FOR THE PURPOSE OF INVESTIGATING ONGOING STREET GANGS AND CRIMINAL ENTERPRISES WITHIN THE MIAMI-DADE COUNTY AREA, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-220-908 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN ANDRE WILLIAMS' APPOINTMENT OF FAISAL TAVERNIER TO THE DR. MARTIN LUTHER KING, JR., HOLIDAY STEERING COMMITTEE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) RESOLUTION NO. 2008-221-909 J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING GOVERNOR CHARLIE CRIST'S EXECUTIVE ORDER 08-210; URGING THE FLORIDA HOUSING FINANCE CORPORATION TO USE ITS ALLOCATION OF FIVE HUNDRED SEVENTY ONE MILLION ($571,000,000.00) FROM THE FEDERAL GOVERNMENT'S HOUSING AND ECONOMIC RECOVERY ACT OF 2008 TO PROVIDE LOWER INTEREST FIRST MORTGAGES TO FAMILIES ACROSS THE STATE AND SPECIFICALLY IN THE CITY OF MIAMI GARDENS, WHO ARE SUFFERING AS A RESULT OF THE RECENT MORTGAGE CRISIS AND TO PROVIDE PAYMENT ASSISTANCE TO FAMILIES WITH LOW AND MODERATE INCOMES; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) RESOLUTION NO. 2008-222-910 J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID FOR DENTAL SERVICES TO SOLSTICE BENEFITS,INC.,AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOLSTICE BENEFITS, INC., FOR THIS PURPOSE; PROVIDING REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 15 FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-223-911 J-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILMAN ANDRE WILLIAMS' APPOINTMENT OF LONNIE R. LAWRENCE TO THE CITY OF MIAMI GARDENS CITIZENS ADVISORY COMMITTEE, FOR A THREE (3) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) RESOLUTION NO.2008-224-912 J-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN OLIVER GILBERT'S APPOINTMENT OF ANTHONY B. BRITT TO THE PARKS AND RECREATION ADVISORY COMMITTEE FOR A THREE YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) RESOLUTION NO. 2008-225-913 J-13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTS AND URGES THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROVE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI GARDENS TO DELETE A REQUIREMENT TO SEPARATELY CONTRACT FOR SPECIALIZED POLICE SERVICES AND REMOVING THE "MOST FAVORED NATION" PROVISION RELATING TO SPECIALIZED POLICE SERVICES FROM THE CITY'S CHARTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-226-914 J-14) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO DGG TASER, INC., FOR THE PURCHASE OF ELECTRONIC CONTROL DEVICES FOR THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $47,712.60; WAIVING THE COMPETITIVE BIDDING REQUIREMENTS OF THE CITY PURCHASING ORDINANCE; PROVIDING FOR THE ADOPTION OF REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 16 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-227-915 J-15) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION FOR THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM TO RENOVATE AND PURCHASE SPORTS LIGHTING FOR NORTH DADE OPTIMIST PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-228-916 J-16) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE SUBSTANCE ABUSE RESOURCE GUIDE ("SARG") PARTNERSHIP, A MULTI-COALITION PARTNERSHIP CAMPAIGN FOR THE PREVENTION OF UNDERAGE DRINKING IN THE STATE OF FLORIDA; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY SHIRLEY GIBSON) RESOLUTION NO. 2008-229-917 J-17) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO J & S TIRE & AUTO, INC. d.b.a. FLEET TIRE TRUCK AND AUTO/GOODYEAR FOR FLEET VEHICLE PREVENTATIVE MAINTENANCE SERVICES ON AN AS NEEDED BASIS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2008-230-918 J-18) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DECLARING THE MONTH OF NOVEMBER "ART IN THE GARDENS MONTH" IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Motion offered by Vice Mayor Watson, seconded by Councilman Gilbert to approve the Consent Agenda. There being no discussion the motion to approve the Consent Agenda passed and carried by a 5-0 voice vote. REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 17 The Council members acknowledge the newly appointed advisory committee members. (K) RESOLUTIONS) RESOLUTION NO.2008-231-919 J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A SUBSTANTIAL AMENDMENT TO THE THIRD YEAR PROGRAM ACTION PLAN ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman Williams stated the City has a federal allocation of 6.8 million which could only be used towards the purchase of abandoned or foreclosed homes. Miami Gardens is doing well but we do have a foreclosure crisis. So while all this money can only be used for foreclosed and abandoned homes, he opined that it is important for the residents to know the City is also working hard on their behalf. The data clearly shows that we have almost 4,000 foreclosures in 2007 and a foreclosure rate of 12.4%, which is the second highest in the State. He furthered stated that he wants the message to be conveyed to other residents about what the City is doing to buy these home to stabilize them and what we are also doing to help folks in the foreclosure crisis. Councilman Williams added the City sponsored legislation in 2008 urging the Federal Reserve to implement strict regulations on lenders who engage in abusive practices and set unreasonable debt to income ratios. We organized a summit of lenders on August 7, 2008 to discuss relief to the residents of Miami Gardens facing foreclosure. We have an ongoing consistent dialogue with these lenders. We have met with local vendors of H.U.D. on August 13, 2008 to discuss Miami Gardens' residents facing foreclosures. We have organized meeting with the following lenders on August 20, 2008: GAMC, WaMu, Wells Fargo, Bank of America, and County Wide; to discuss specific relief to the residents of Miami Gardens facing foreclosure. We organized meeting with the State Housing Finance Authority and the Federal Housing Administration on August 28, 2008 to discuss specific relief to the residents of Miami Gardens. Councilman Williams continued to state that he traveled to the Secretary of H.U.D Washington D.C. summit in early October to discuss the specific of the City's spending of its 6.8 million allocation under the Neighborhood Stabilization Program. He shared that he had drafted a letter to the State Housing Finance Authority urging them to use their allocation of $11 billion in tax exempt bond capacity to provide low interest first mortgage loans and down payment assistance to first time homebuyers. We have met with representative of Wells Fargo in Minneapolis, not-for-profit groups and we are presenting a foreclosure clinic on November 18, 2008 for lenders with large foreclosure inventories in Miami Gardens; targeting those specific borrowers in foreclosure. Councilman Williams stated that he has raised some concerns about the City entering into the property management arena and he thinks based on the plan that has been provided, REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 18 staff has addressed those issues. But for clarification he questioned if the City is going to buy the property and convey them to a developer or not-for-profit groups who are ultimately going to be responsible for that property. Daniel Rosemond, Director of Community Development appeared before the Council to clarify that the use of the $1.7 million, which is 25% of the City's allocation, will be used to service individual households that are earning up to 50% of the area median income. Yes the intent is to utilize those funds thru a developer who would own the titles to the property and we would put a restrictive covenant on the land to insure that the use of those units would be for the intent of the City. For the other allocation it is not intented for us to hold on to properties but to purchase them, rehab them, and resale them to individual homeowners. So we would not be in the property management business. Councilman Williams stated that we have had H.U.D homes and have had issues selling them in the past. We are restricted in the use of the funds and have to spend it within 18 months if we do not sell those homes within that timeframe what is the contingency. Mr. Rosemond countered that steps should be that first we get the plan approve and then begin to negotiate with the lenders. If we are unsuccessful in negotiations with those lenders, he will be back to amend the plan before the Council. Lastly the best course of action is to see where we are 90 days from now. That should be enough time to determine whether we are making any progress. Councilman Williams suggested adding an education campaign because it is not an accident that folks are in this crisis. Mr. Rosemond stated that it is not a process identified in the program. However it is the process of the homebuyer preparation buying one of the homes the City purchased. Councilman Williams questioned how we would help the 1,000 of folks who do not understand the process, not the few homebuyers within the program. Mr. Rosemond responded that these are two different populations. For individuals who are already homeowners, education does not necessarily get them out of their situation. What we are trying to do is make sure that all of the components work well with the other versus having individual activities. Councilman Williams stated that a lot of them may lose their homes and may be recycled and become homeowners again. He added that he just wants to be sure that our community is stable. Mr. Rosemond opinioned that the crisis we are in now will not repeat itself. Mayor Gibson stated that we are just now getting the plan together to send it to H.U.D so that it can be approved thru the initial phase of this and then we would have to come back to work thru some of the specifics. She warned that we should not say things that we are going REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 19 to do if we have not gotten to the part of this process. She understands that we do have a lot of residents who are in foreclosure but this does not help those who are already in foreclosure. She reiterated this Neighborhood Stabilization is not targeting the foreclosure population. Mr. Rosemond stated his office has been very careful and particular about this particular initiative, and what is can be use and not used for. Councilman Gilbert asked Mr. Rosemond to expound on a question he had raised. Mr. Rosemond recounted Councilman Gilbert had asked whether there was an opportunity through this program to assist those individuals who had lost their homes but were still in the home. He stated that is a possibility. The City has to identify a lender that would give that particular family a mortgage. Staff has committed to researching this to see if lenders would be interested in providing that service. He opined it is durable. Whether there are any lenders willing to provide that mortgage remains to be seen. Motion offered by Councilman Williams, seconded by Vice Mayor to approve this item. There being no further discussion, this motion passed and carried by a 5-0 voice vote. (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK. Councilman Gilbert recounted at the last meeting, the City Manager brought forward the fact that the City's lobbyist contract was about to expire. He offered a motion to extend the current Tallahassee lobbyist's contract for an additional two years. This motion was seconded by Councilman Campbell. Councilman Williams stated he was comfortable with the City's lobbyist, and did not have a problem with the excellent service being provided by Yolanda Cash-Jackson. He stated that he liked transparency in government and an opportunity for other folks to have a bite of the apple. He said this is not intended to disrespect Yolanda Cash-Jackson by any means. He conveyed knowledge that in the past, the window of opportunity has been between four and five years, as with other contracts. He opined it is time for some new blood. He opined in the spirit of completion, there are other qualified lobbyists that can provide high levels of service. He said he would still comfortable with opening up the process to other firms. Councilman Gilbert opined that Ms. Cash-Jackson firm does an excellent job, and concurred with Councilman Williams that in some instances there are changes. For that matter, the City Manager and City Attorney both have been here for five years. He emphasized the importance of having continuity and keeping a good team in place. Vice Mayor Watson shared that Ms. Cash-Jackson has actually been working for the City for five(5) years. The first year she did it pro bono. There being no further discussion, the motion to direct staff to renew the existing lobbyist contract for an additional two (2) years passed and carried by a 4-1 voice vote. Councilman Williams cast the dissenting vote. REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 20 L-1) City Attorney • Discussion re: Stadium DRI Attorney Dickens recounted staff had discussed this matter with the Council at a previous meeting. At that time staff had informed the Council of a meeting scheduled with Miami-Dade County earlier today. That meeting has been postponed until December 21'. The potential for appeal the DRI Order was also discussed at the last meeting. At that time staff advised the Council to wait until after the scheduled meeting with Miami-Dade County, which was scheduled to take place today. Since that meeting did not take place staff does not have a report to make with regard to this subject. She said a decision needed to be made with regard to appealing the Order that permits the amendments to the DRI. She clarified that she was not referring to the Charter provision and opined the City still has a right to do that as well, and is a separate issue. Mayor Gibson opined the City needs to send its object to DCA. Attorney Dickens said she is preparing to do that in writing. With regard to this particular matter she was referring to going to Circuit Court with the appeal. Mayor Gibson stated that she was satisfied with staff writing to the DCA with reference about the Council's concerns. Attorney Dickens shared she had spoken with Councilman Williams on yesterday, who provided his thoughts about this matter. She shared that Councilman Williams said he'd rather pursue the matter. • Charter Commission Appointments Attorney Dickens reminded the Council members that the Charter Revision Commission appointments were due at the December 10' City Council meeting. Mayor Gibson has provided information on her appointment. A resolution will be forthcoming ratifying that appointment. She encouraged the Council members to review the Charter. Attorney Dickens recommended having a workshop on the Charter, and providing the Charter Commission with those areas of the Charter the Council wanted reviewed. Attorney Dickens broached the subject of the Judson matter. Judson is the architect that actual did the work on the Carol City Community Center project. The Council gave staff the authority to terminate the contract. She said staff is seeking directions from the Council as to whether to pursue this matter with litigation. Renee Farmer, Deputy City Manager appeared before the City Council to expound on this matter. She said as stated previously Judson failed to do several things, causing delays and time. As the City move forward with the new contractor it is being discovered on a daily basis various errors and omissions in the drawings, which will result in dollars the City will ultimately have to spend over and above what was proposed. Mayor Gibson stated she did not have a problem with litigating. REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 21 Councilman Gilbert said he did not have a problem litigating this matter. Motion offered by Vice Mayor Watson, seconded by Councilman Gilbert to direct the City Attorney to file a lawsuit against Judson. There being no further discussion, this motion passed and carried by a 5-0 voice vote. Clerk Taylor report the demand for passport processing service provided by the Office the City Clerk is increasing. Mayor Gibson shared that Team Metro is no longer providing this service. She emphasized the importance for getting the word out to the community that this service is being provided by the City of Miami Gardens. She suggested advertising in the community papers about this service. Vice Mayor Watson suggested also utilizing the information newsletters being provided to every household by the various city departments (e.g. Parks and Recreation Newsletter). (Nn REPORTS OF MAYOR AND COUNCIL MEMBERS. Councilman Williams congratulated and welcomed Mr. Lonnie Lawrence, his appointee to the CAC. He further shared he along with Mr. Lawrence would be proposing an intuitive to the CAC similar to what the City of Miami has. This very effective program provides for a postage paid post card. This postcard is utilized by residents to provide information to the police department of criminal activity in their neighborhoods. Renee Farmer, Deputy City Manager appeared before the City Council to further expound on this program. She said this is a business reply card. Vice Mayor Watson asked Clerk Taylor if there were a sufficient number of individuals appointed to the Progressive Young Adult to make quorum. Clerk Taylor in response to Vice Mayor Watson's question replied, "Absolutely." Vice Mayor Watson asked Manager Crew to assign a staff person to work with this group. Manager Crew shared that Vernita Nelson, Acting Assistant City Manager would be the staff liaison for this Committee. Councilman Gilbert congratulated Vernita Nelson on becoming an Acting Assistant City Manager. Councilman Gilbert congratulated Barack Obama for winning the presidential election. He further congratulated the voting community for doing a phenomenal job, and encouraged them to mimic this practice during other elections, locally and state-wide. He further commended the Buccaneers for doing an outstanding job providing refreshments. Mayor Gibson placed emphasis on the importance of securing the services of a federal REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 22 lobbyist in Washington. Mayor Gibson further made reference to the Education Compact the City entered into with Miami Dade Public Schools. She further commended Renee Farmer for coordinating these efforts. She said the City and the Concerned African Women have taken the initiative to bring to the forefront the issues being faced at two of the local high schools. Carol City and Norland Senior High Schools are double F's schools. These schools must go from a D to a C this coming school year. If not, the schools are placed in a intervene category. This intervene process provides for the state to come in and do a much stiffer monitoring process. Under that senior four things can happen: 1) close the school; 2) reconfigure the school; 3) private entity come in and operate the school and 4) disburse students to other areas. A meeting with standing room only was held this past Monday night at Carol City High School. Councilman Gilbert stated if we direct the Manager to put out a request for qualifications that does not oblige us to actually hire anybody. Mayor Gibson in response to Councilman Gilbert's question said no. Councilman Gilbert continued it just starts the process; I make a motion to direct the Manager to put out a Request For Qualification for a Washington lobbyist. This motion was second by Mayor Gibson, and passed by a 5-0 voice vote. (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC. There were none. (0) ADJOURNMENT. There being no further business to come before this Body, and upon a motion being duly made, the meeting adjourned at 9:45 p.m. Attest: Shh a ibs n, Mayor onetta Taylor, MV11 City Clerk 61 REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 2008 Page 23